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B&M Morley Smart Parking "fine"

Grimpeeper666
Grimpeeper666 Posts: 13 Forumite
First Post Combo Breaker First Anniversary
edited 15 September 2017 at 9:09PM in Parking tickets, fines & parking
Hi all,

I couldn't find this on the newbie parking thread. Bit annoyed, The driver always pays for parking, The driver did pay for a ticket (they have the receipt) but apparently they underpaid for it (they are 100% sure they paid for 2 hours, the machines are new, and signage possibly was different!) anyway, the driver was there 10 minutes later than they should have been even if they did pay for 2 hours >.<

Smart Parking "run" the car park anyway, they've given the keeper a £60 fine plus £10 admin fee, otherwise £100 in 14 days.

It might have been a mistake on the drivers part, and usually the driver can look into these things, but the driver is paranoid they'll take them to court!

Can the keeper just ignore the letter? how can the keeper fight it? does the keeper need to speak to the B&M Manager?

Regards

Grim
«1

Comments

  • Redx
    Redx Posts: 38,084 Forumite
    First Anniversary Name Dropper First Post Photogenic
    only a fool would IGNORE it , so I assume that is not yourself ? loll

    yes try to get the manager or landholder to get it cancelled

    follow the BPA adsvice in the newbies sticky thread, same as everyone else does , the blue text appeal is already there for you to put to not so SMART parking

    as far as the newbies thread goes, its the same advice for everyone , so yours is no different , because it doesnt cover individual cases , what happened is irrelevant

    they just want to trap people and then charge large wads of cash , so all "victims" like yourself fall into the same category
  • KeithP
    KeithP Posts: 37,614 Forumite
    Name Dropper First Post First Anniversary
    Have another look at the newbies thread.

    On about the fourth line in it says: FORGET THE DETAIL, THESE CASES ARE ALL THE SAME.

    There is nothing in there suggesting you ignore it either.
  • Redx
    Redx Posts: 38,084 Forumite
    First Anniversary Name Dropper First Post Photogenic
    the OP may as well have said this
    As KEEPER I have received an NTK from Smart Parking for an overstay by THE DRIVER of my vehicle by 10 minutes in a private car park in England (or Wales)

    having read the NEWBIES sticky thread it is clear that circumstances are irrelevant , but not so SMART have failed both parts of entry time and exit time of clause #13 of the BPA CoP on GRACE PERIODS and want to charge me as keeper between £60 and £100 for the privilege

    Clearly this is a BPA CoP breach and I will use the blue text template and appeal to SMART adding an extra paragraph that they have failed to apply the BPA CoP clause #13 on Grace periods

    Due to issues like POFA2012 from 5 years ago and the BARRY BEAVIS case from 2 years ago I know I would be foolish to IGNORE this NTK

    If they fail to cancel it I will read post #3 of the NEWBIES sticky thread and appeal to POPLA with a suitably worded appeal as seen in dozens of other threads on here (like the FISTRAL BEACH ones in Newquay)
  • right, cool. Plan of attack is to go to the store and speak to the store manager. Thanks guys :) we do shop there often!
  • KeithP
    KeithP Posts: 37,614 Forumite
    Name Dropper First Post First Anniversary
    right, cool. Plan of attack is to go to the store and speak to the store manager. Thanks guys :) we do shop there often!
    Before you dash of and do that, don't forget to edit your original post. ;)

    'The driver did...', 'the keeper received...'.
  • okay, sounds stupid but what do you mean by:

    'The driver did...', 'the keeper received...'.

    Never did do well at English GCSE!
  • Umkomaas
    Umkomaas Posts: 41,342 Forumite
    First Anniversary Name Dropper First Post Photogenic
    okay, sounds stupid but what do you mean by:

    'The driver did...', 'the keeper received...'.

    Never did do well at English GCSE!

    I did this, I did that, I did the other, ....... I just ruined my chance of avoiding this via No Keeper Liability.

    11+ stuff!
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Redx
    Redx Posts: 38,084 Forumite
    First Anniversary Name Dropper First Post Photogenic
    read this below, then see what was changed
    Hi all,

    I couldn't find this on the newbie parking thread. Bit annoyed, The driver always pays for parking, The driver did pay for a ticket (they have the receipt) but apparently they underpaid for it (they are 100% sure they paid for 2 hours, the machines are new, and signage possibly was different!) anyway, the driver was there 10 minutes later than they should have been even if they did pay for 2 hours >.<

    Smart Parking "run" the car park anyway, they've given the me the keeper a £60 fine plus £10 admin fee, otherwise £100 in 14 days.

    It might have been a mistake on the drivers part, and usually I can look into these things, but I paranoid they'll take me to court! ARGH

    do I just ignore the letter? how can I fight it? do I speak to the B&M Manager?

    Regards

    Grim

    in simple terms, you remove any instances of the words "ME , MYSELF and I" as redx (not I) said earlier

    IF IN DOUBT , NEVER use any of those words on here or in your appeal etc

    you are the keeper, the person driving the vehicle was the driver , so it stays that way in any convo or letters etc
  • ah gotcha. thank you :)
  • so the driver has spoken to the B&M Store which has said it can do nothing for the fine. The manager did point out that Peel Estates Morley owns the land. The driver then spoke to them on the phone, they advised there's nothing they can do as it is sub-let to the Smart Parking company. The driver has now appealed on the Smart Parking website but needs to do this via POPLA too. so that is next...
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